Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51499 of 2019 Applicant :- Mohd Hasnain And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Madan Ji Pandey Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This anticipatory bail application under Section 438 Cr.P.C. has been moved seeking the bail of applicants namely Mohd. Hasnain and Mohd. Khushnain, in the event of his arrest in Case Crime No. 362 of 2019, under Sections 3,5 and 8 of The U.P. Prevention of Cow Slaughter Act, P.S.- Kareli, District- Prayagraj.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case with ulterior motive and without any evidence.
Learned A.G.A. have vehemently opposed the prayer for bail and submitted that the F.I.R. has been lodged with the allegation that one Gulam Sabir @ Kallu son of Gulam Navi was arrested with 20 kg of cow meat. On interrogation he named the other co-accused along with the applicants. The applicants have assigned the role of selling cow meat. Learned A.G.A. further submitted that the offences involved in this matter have the inherent potential to worsen into communal conflagration. Many a communal riots owe their genesis to the commission of such kind of offences. The intrinsic propensity involved in such criminal transactions is such which tends to disrupt the even fabric of social harmony which in its turn jeopardises public order and public peace, not to speak of multiple killings of innocent lives which the communal riots entail. According to learned A.G.A. it is this grave danger involved in such kind of offences which adds to the seriousness of the crime and it does not call for any soft- pedalling.
After considering the submissions advanced on behalf of rival sides, the nature and gravity of the accusation and the material in support of the same, I find no good ground for grant of bail to the applicants.
Accordingly, the anticipatory bail application stands rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 26.11.2019 Naresh